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Mondaq Business Briefing provides global coverage of all legal analysis from reputable firms,en-usCopyright 2019 Mondaq.com60UK: Can A Witness Be Guilty Of Contempt By Communicating With A Third Party When They Are Part-Way Through Giving Evidence? - Dentonshttp://www.mondaq.com/uk/x/777672/Civil+Law/Can+a+witness+be+guilty+of+contempt+by+communicating+with+a+third+party+when+they+are+partway+through+giving+evidence
If during trial a witness is part-way through giving evidence and needs to come back after lunch or the next day to carry on, the judge will usually warn them not to talk to anyone about their evidence during the intervening period. Tue, 05 Feb 2019 05:21:08 GMTUK: Solicitor&#39;s Failure To File Costs Budget Not Remedied By Undertaking To Pay Costs Thrown Away - Dentonshttp://www.mondaq.com/uk/x/771766/Contract+Law/Solicitors+Failure+To+File+Costs+Budget+Not+Remedied+By+Undertaking+To+Pay+Costs+Thrown+Away
The defendants will now be treated as having filed a costs budget comprising only applicable court fees. Wed, 16 Jan 2019 06:40:57 GMTUK: To What Extent Can A Claim For Dishonest Assistance Be Made Against Banks When Receiving Fraudulent Bank Payments? - Dentonshttp://www.mondaq.com/uk/x/769690/Financial+Services/To+what+extent+can+a+claim+for+dishonest+assistance+be+made+against+banks+when+receiving+fraudulent+bank+payments
Although claims for dishonest assistance are rare, as fraudulent bank payments have become increasingly common, is this now an area Wed, 09 Jan 2019 04:27:08 GMTUK: Judicial review Of Financial Ombudsman Service Decision Brought By SIPP Administrator Fails - Dentonshttp://www.mondaq.com/uk/x/767512/Financial+Services/Judicial+review+of+Financial+Ombudsman+Service+decision+brought+by+SIPP+administrator+fails
The High Court has dismissed a claim for judicial review of the final decision of the Financial Ombudsman Service (FOS)Wed, 02 Jan 2019 09:18:51 GMTUK: UK Banks Commit To Dispute Resolution Processes For Larger SMEs, Including Legacy Complaints - Dentonshttp://www.mondaq.com/uk/x/765826/Financial+Services/UK+Banks+Commit+To+Dispute+Resolution+Processes+For+Larger+SMEs+Including+Legacy+Complaints
In March 2018, UK Finance commissioned an independent review of the complaints and resolution landscape for UK SMEs from Simon Walker CBE, Professor Christopher Hodges and Professor Robert Thu, 20 Dec 2018 08:10:48 GMTUK: Access To Court Documents By An Interested Third Party - Dentonshttp://www.mondaq.com/uk/x/765796/Financial+Services/Access+to+court+documents+by+an+interested+third+party
The general approach is that the court is likely to allow inspection if the open justice principle is engaged and there is a legitimate interest.Thu, 20 Dec 2018 07:03:19 GMTUK: Mortgage Set Aside For Undue Influence But Lender Still Entitled To Possession Pursuant To Its Equitable Charge - Dentonshttp://www.mondaq.com/uk/x/759000/Financial+Services/Mortgage+set+aside+for+undue+influence+but+lender+still+entitled+to+possession+pursuant+to+its+equitable+charge
The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) Wed, 28 Nov 2018 09:41:16 GMTUK: Creative Attempts To Sue Banks Fail To Overcome The High Threshold For Claims In Conspiracy - Dentonshttp://www.mondaq.com/uk/x/758536/securitization+structured+finance/Creative+attempts+to+sue+banks+fail+to+overcome+the+high+threshold+for+claims+in+conspiracy
Claims in conspiracy are notoriously difficult to plead. Whilst that has not deterred claimant law firms in their attempts to bring such claims against major financial institution Tue, 27 Nov 2018 05:44:32 GMTUK: Review Into The Complaints And Alternative Dispute Resolution Landscape For UK SMEs By UK Finance - Dentonshttp://www.mondaq.com/uk/x/751294/Financial+Services/Cybercrime+attacks+Before+and+after+12+things+to+think+about+in+the+regulated+sector
On 23 October 2018 UK Finance published a review into the complaints and alternative dispute resolution (ADR) landscape for the UK SME market by Simon Walker CBESun, 04 Nov 2018 11:44:04 GMTUK: Security For Costs Ordered Against Dormant Company Where ATE Insurance Inadequate And Claim Speculative - Dentonshttp://www.mondaq.com/uk/x/750958/Security/Security+For+Costs+Ordered+Against+Dormant+Company+Where+ATE+Insurance+Inadequate+And+Claim+Speculative
An application for security for costs may be made when a defendant is concerned that the claimant will not be able to pay the defendant's costs should the claim fail.Thu, 01 Nov 2018 03:14:38 GMTUK: Changes To The Financial Ombudsman Service - Dentonshttp://www.mondaq.com/uk/x/749184/Financial+Services/Changes+to+the+Financial+Ombudsman+Service
On 16 October 2018, the FCA and the FOS issued two publications which together could have a significant impact on financial services firms and their complaints and disputes handling.Fri, 26 Oct 2018 10:56:29 GMTUK: No Duty To Obtain Best Price Reasonable In A Forced Sale – Upheld By Court Of Appeal - Dentonshttp://www.mondaq.com/uk/x/718218/Financial+Services/No+Duty+To+Obtain+Best+Price+Reasonable+In+A+Forced+Sale+Upheld+By+Court+Of+Appeal
This was the appeal of an unsuccessful claim against Credit Suisse International, in which the claimants alleged that the Bank had failed to secure the best price reasonably obtainable Wed, 11 Jul 2018 02:35:33 GMTUK: What Can We Learn From The First Half Of 2017? - Dentonshttp://www.mondaq.com/uk/x/718198/Financial+Services/Financial+Markets+Disputes+And+Regulatory+Update
Whilst a number of cases in the first six months of 2017 dealt with issues of particular interest to litigators, the recent case with perhaps the widest implications for lawyers and investigators is SFO v. ENRC. Wed, 11 Jul 2018 02:34:02 GMTUK: Barclays Successfully Defends First Swap Mis-Selling Claim Involving A Claim By Individuals For Breach Of Statutory Duty - Dentonshttp://www.mondaq.com/uk/x/702636/Commodities+Derivatives+Stock+Exchanges/Barclays+successfully+defends+first+swap+misselling+claim+involving+a+claim+by+individuals+for+breach+of+statutory+duty
Barclays successfully defends first swap mis-selling claim involving a claim by individuals for breach of statutory duty – Ramesh Jadavji Parmar and Rama Ramesh Parmar v. Barclays Bank PLC [2018] EWHC 1027 (Ch) Fri, 18 May 2018 01:07:07 GMTUK: I&#39;m Sorry I Haven&#39;t A CLU – Swaps Claim Relating To Bank&#39;s Failure To Disclose Internal Credit Provision Is Dismissed – London Executive Aviation V. The Royal Bank Of Scotland Plc [2018] EWHC 74 (Ch) - Dentonshttp://www.mondaq.com/uk/x/666740/Financial+Services/Im+sorry+I+havent+a+CLU+swaps+claim+relating+to+banks+failure+to+disclose+internal+credit+provision+is+dismissed+London+Executive+Aviation+v+The+Royal+Bank+of+Scotland+plc+2018+EWHC+74+Ch
In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA).Wed, 24 Jan 2018 11:22:41 GMTUK: Privy Council Decision On Pre-Contract Representations In A Commercial Borrower-Lender Relationship - Dentonshttp://www.mondaq.com/uk/x/665440/Financial+Services/Privy+Council+Decision+On+PreContract+Representations+In+A+Commercial+BorrowerLender+Relationship
In November 2017, the Board of the Judicial Committee of the Privy Council (the Board) gave judgment on an appeal against, inter alia, liability under a commercial loan Fri, 19 Jan 2018 10:22:12 GMTUK: Application For Summary Judgment Granted After Nine-Day Hearing - Dentonshttp://www.mondaq.com/uk/x/665438/Financial+Services/Application+For+Summary+Judgment+Granted+After+NineDay+Hearing
At first glance, it may seem something of a contradiction to hold a summary judgment hearing over nine days.Fri, 19 Jan 2018 10:21:20 GMTUK: Quantum Of Damages Where Loan Advanced On The Basis Of A Negligent Valuation - Dentonshttp://www.mondaq.com/uk/x/665436/Financial+Services/Quantum+Of+Damages+Where+Loan+Advanced+On+The+Basis+Of+A+Negligent+Valuation
In what Lord Sumption described as a "perfectly straightforward" result, the Supreme Court has considered the approach to determining the quantum of damages in a case where a property was negligently overvalued.Fri, 19 Jan 2018 10:20:00 GMTUK: Choice Of English Governing Law Upheld Over Arguments Of Non-Shariah Compliance - Dentonshttp://www.mondaq.com/uk/x/665434/islamic+finance/Choice+Of+English+Governing+Law+Upheld+Over+Arguments+Of+NonShariah+Compliance
In 2007, Dana Gas raised US$1 billion of financing (restructured in 2013) through the issue of Trust Certificates (Sukuk).Fri, 19 Jan 2018 10:19:01 GMTUK: Duty Of Care Owed By Arranger In Relation To The Execution Of Sukuk Documents - Dentonshttp://www.mondaq.com/uk/x/665432/Fund+Management+REITs/Duty+Of+Care+Owed+By+Arranger+In+Relation+To+The+Execution+Of+Sukuk+Documents
This case concerned the inability of the claimants to recover sums pursuant to a promissory note (the Promissory Note) which formed part of the transaction documents for a sukuk Fri, 19 Jan 2018 10:16:39 GMT